Julian Cevallos Vargas v. Robert Borg, Warden Attorney General of California

Good Law
21 F.3d 1119·1994 WL 146054·1994 U.S. App. LEXIS 19971
United States Court of Appeals for the Ninth CircuitApril 25, 199493-56428California1,452 words

Opinion

Opinion

21 F.3d 1119 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Julian CEVALLOS VARGAS, Petitioner-Appellant, v. Robert BORG, Warden; Attorney General of California, Respondents-Appellees. No. 93-56428. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1994. * Decided April 25, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Julian Cevallos Vargas filed a petition for writ of habeas corpus in the district court pursuant to 28 U.S.C. Sec. 2254 . He claimed that there was insufficient evidence to support his convictions. The district court denied the petition. We affirm. BACKGROUND 3 Vargas and Jose Francisco Ochoa were regular customers of Leonardo Lopez, the owner of a nightclub. Lopez would often chat with them while they were in his nightclub and talk freely about his business and his family. On the night of December 8, 1985, Ochoa was sitting at the bar of the nightclub. After watching Lopez leave with the cash receipts,…

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